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Seanad: Irish Human Rights and Equality Commission Bill 2014: Committee Stage (3 Jul 2014)

Frances Fitzgerald: This is a technical amendment which is being included for the sake of consistency with the approach adopted in the workplace relations Bill which is being worked on. It does not make any substantive change to the text from a strict legal perspective, but it spells out in detail what judicial notice shall be and its impact. On that basis, it makes the text more accessible and avoids any...

Seanad: Irish Human Rights and Equality Commission Bill 2014: Committee Stage (3 Jul 2014)

Frances Fitzgerald: The first point to note about the legislation - I realise this is different to what Senator Zappone is suggesting - is that section 35 makes reference to the ability the commission has in respect of inquiries. It is worth considering this as one reference point in respect of the serious powers the commission will have. The commission, either of its own volition or, if requested by the...

Seanad: Irish Human Rights and Equality Commission Bill 2014: Committee Stage (3 Jul 2014)

Frances Fitzgerald: Recognising the work being done by bodies is a point we ought to be making here. Obviously, when there is a report such as that on the investigation carried out by the Ombudsman for Children one is highlighting the deficiencies, the areas that need improvement and why what happened took place. However, it is very relevant to point out as well, and I was very conscious of this as the former...

Seanad: Irish Human Rights and Equality Commission Bill 2014: Committee Stage (3 Jul 2014)

Frances Fitzgerald: The points the Senator makes are particularly relevant to the immigration and residency legislation and the work that needs to be done on that. The way to address some of the issues relating to direct provision is by examining the option of the single procedure. Ireland does not have such a procedure and it is out of line with every other European country as a result. One of the greatest...

Seanad: Irish Human Rights and Equality Commission Bill 2014: Committee Stage (3 Jul 2014)

Frances Fitzgerald: It is clearly spelled out in the Bill that the commission will be able to comment on and make recommendations in respect of legislation. However, it will not be able to take up the cases of individuals who find themselves in the circumstances to which the Senator refers.

Seanad: Regulation (EU) No. 603/2013 on the Establishment of Eurodac: Motion (3 Jul 2014)

Frances Fitzgerald: I understand Senators wanted to discuss EU Regulation No. 603/2013, which relates to Eurodac. This regulation was the subject of a very full debate by the Joint Committee on Justice, Defence and Equality at its meeting yesterday and it received all-party support. The joint committee also discussed some of the issues to which it gives rise. Under Article 29.4.7° of the Constitution of...

Seanad: Regulation (EU) No. 603/2013 on the Establishment of Eurodac: Motion (3 Jul 2014)

Frances Fitzgerald: The first point I would make is that this was discussed and agreed by the European Parliament and Council. We are already part of Eurodac. The recast regulation, which is what we are discussing here today, allows consultation of Eurodac by law enforcement authorities. I want to put on the record that it is for the purpose of the prevention, detection or investigation of terrorist offences...

Written Answers — Department of Justice and Equality: Insolvency Service of Ireland Application Numbers (8 Jul 2014)

Frances Fitzgerald: As I advised the Deputy last week, the Insolvency Service of Ireland (ISI) releases its statistics on a quarterly basis and the most up to date figures reflecting Quarter 2 of 2014 will be published on the ISI’s website later this month. As outlined in the ISI’s Quarter 1 Statistical Report, the number of cases as at 31 March 2014 was as follows:- 55 Debt Solution Arrangements...

Written Answers — Department of Justice and Equality: Legislative Programme (8 Jul 2014)

Frances Fitzgerald: The Assisted Decision-Making (Capacity) Bill is a far-reaching Bill which provides for a comprehensive reform of the legislation relating to capacity and to decision-making by persons who have difficulty in making decisions unaided. What has been proposed in this Bill represents international best practice. Nonetheless, international legislation in this area is rapidly evolving and new...

Written Answers — Department of Justice and Equality: Road Safety Statistics (8 Jul 2014)

Frances Fitzgerald: I propose to take Questions Nos. 615 and 616 together. I have requested a report from the Garda authorities regarding the information available to them in relation to the matter referred to and I will contact the Deputy directly as soon as the report is to hand.

Written Answers — Department of Justice and Equality: Equality Issues (8 Jul 2014)

Frances Fitzgerald: Work on the preparation of a Family Leave Bill is underway and I hope be in a position to publish it before the end of 2014. As already announced, this Bill will provide for the consolidation into one piece of legislation of the current provisions regarding maternity, adoptive, parental and carer's leave. As the Deputy will be aware, the Government agreed, in 2013, not to oppose a Private...

Written Answers — Department of Justice and Equality: Data Protection (8 Jul 2014)

Frances Fitzgerald: The position is that the Council of Europe's Data Protection Convention (1981) and the European Union's Data Protection Directive (1995) have been transposed into national law in the Data Protection Acts 1988 and 2003. The data protection rights of individuals under these Acts are generally applicable and the legislation does not distinguish between religious institutions and other bodies...

Written Answers — Department of Justice and Equality: Departmental Expenditure (8 Jul 2014)

Frances Fitzgerald: I refer the Deputy to my reply to Question No. 152 of 18 June 2014. The position in this regard has not changed.The troubles on this island exacted a tragic human cost in terms of the lives lost, people injured and families bereaved. The impact of the many atrocities perpetrated over the course of the troubles lives long in our memory and is felt to this very day. Our thoughts are with the...

Written Answers — Department of Justice and Equality: Prisoner Releases (8 Jul 2014)

Frances Fitzgerald: I can advise the Deputy that the Government has no plans to introduce such an amnesty here.

Written Answers — Department of Justice and Equality: Freedom of Information Data (8 Jul 2014)

Frances Fitzgerald: The information sought by the Deputy is set out in the following table. Year Number received Number Granted Number Part Granted Number refused Number Appealed Number Granted or Decision set aside Number Part Granted Number of Appeals Refused 2009 844 214 187 123 61 9 18 24 2010 598 170 174 149 78 11 21 40 2011 597 116 263 117 67 11 17 37 2012 594 184 226 142 60 9 13 38 2103 550 176 233...

Written Answers — Department of Justice and Equality: Departmental Staff Career Breaks (8 Jul 2014)

Frances Fitzgerald: As of 3 July, 2014, the numbers of staff in my Department on career break is as set out in the following table. The information is provided in tabular format as requested and, while not requested by the Deputy, I have also included information for staff on career break in the 3-4 year category. The Deputy should note that the term sabbatical is not utilised in the context of leave granted...

Written Answers — Department of Justice and Equality: Departmental Expenditure (8 Jul 2014)

Frances Fitzgerald: Photographic services are only used by my Department to mark and provide a record of significant occasions. Consideration is given at all times to the costs involved and best value for money is always a priority when sourcing such services. The photography costs incurred by my Department and agencies under my remit from the date of my appointment on 8 May 2014 to date, are set out as...

Written Answers — Department of Justice and Equality: Public Relations Contracts Data (8 Jul 2014)

Frances Fitzgerald: My Department's records to date show no external public relations firms have been employed since I took office. It is my Department's policy to use in house resources as much as possible and to restrict the use of external groups to a minimum.

Written Answers — Department of Justice and Equality: Garda Investigations (8 Jul 2014)

Frances Fitzgerald: The Deputy will appreciate that the provision and deployment of Garda resources, including to specialist units, is a matter for the Acting Garda Commissioner. In that regard, he will be aware that the Acting Commissioner has directed an immediate, comprehensive review and strategic realignment of Garda capacity to deal with emerging crime of this nature. In addition, the Acting Commissioner...

Written Answers — Department of Justice and Equality: Direct Provision System (8 Jul 2014)

Frances Fitzgerald: The Reception and Integration Agency (RIA) of my Department is responsible for the voluntary accommodation of protection applicants in accordance with the Government policy of direct provision and dispersal. Direct provision provides for full board accommodation supports while a final decision is awaited by a person on their protection or any related leave to remain application. As at 22...

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